Thursday, February 28, 2013

DACA FAQ: If I receive a grant of deferred action, am I eligible for employment authorization?

DACA overview

First announced on June 15 by Department of Homeland Security (DHS) Secretary Janet Napolitano, the new DACA program – Deferred Action for Childhood Arrivals – would allow certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria to be considered for relief from removal from the country or from entering into removal proceedings.

Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

Q: If my removal is deferred pursuant to the consideration of deferred action for childhood arrivals process, am I eligible for employment authorization?

A: Yes. Pursuant to existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.

For more information, or assistance with your case

Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit

You may also make an appointment to discuss the details of your situation with an experienced U.S. immigration lawyer by contacting the immigration law offices of Millar & Pérez Immigration Lawyers, PLLC at

Carla Pérez
Millar & Perez Immigration Lawyers, PLLC
Bellingham | Seattle | Vancouver
Main: 206-262-0561
Fax:  206-262-0562

Licensed in Washington State
Blog about U.S. Immigration Law, Enforcement, Policy, and the U.S. Border written by lawyers from the multi-national immigration law firm of Millar & Perez Immigration Lawyers, PLLC. Our U.S. Immigration Attorneys serve clients from offices in Seattle, Bellingham, Blaine, Burnaby, BC, and Vancouver, BC.

Services include all investor cases (E-1, E-2, EB-5) all work visa cases (L-1A, L-1B, H-1, O-1, P-1, P-2, J-1) all family cases (K-1, K-3, I-130, I-129F) all citizenship cases (Naturalization, Citizenship, U.S. Passports) all inadmissibility cases (Waivers, Criminal Issues, Border Issues, Exclusion, Deportation, Removal Proceedings) and all types of Green Cards.